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There are more than 200 different superannuation funds.

Superannuation is money set aside for your retirement. This money is automatically paid into your superannuation fund by your employer.

You or your partner could be forced to surrender part of your superannuation if you divorce, just like with other assets.

You can file a claim for division of property – including superannuation – as soon as you divorce. However, the claim has to be filed within one year of the divorce.

Your superannuation could be affected even if you’re in a de facto relationship – that is, living together as a couple without being officially married.

In that case, the claim has to be filed within two years of the date of separation.

Either way, the first thing to consider is whether you’re a member of a standard, APRA-regulated superannuation fund or if you’re a member of a self-managed superannuation fund (SMSF), because different rules apply.

Standard superannuation funds

If your relationship breaks down, your superannuation savings might be divided by court order or by agreement.

The rules of the superannuation fund will dictate whether this transfer happens immediately, or in the future when the person who has to make the transfer is allowed to access the rest of their superannuation (i.e. at or near retirement).

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SMSFs

If your relationship breaks down, you must continue to observe the trust deed of your SMSF.

So if you and your partner are both members of the same SMSF, neither party is allowed to use the fund to inflict ‘punishment’ – such as by excluding the other party from the decision-making process or refusing their request to roll their money into another superannuation fund.

This no-punishment rule applies even if the two parties are involved in legal proceedings.

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Financial consequences

Superannuation funds often charge a fee for splitting accounts after a relationship breakdown.

Splitting superannuation can also impact the size of your total super balance and how your super is taxed.

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Before you create a superannuation account, you’ll need to check if you’re allowed to choose your own fund. Most Australians can, but this option doesn’t apply to some workers who are covered by industrial agreements or who are members of defined benefits funds.

Assuming you are able to choose your own fund, the next step should be research, because there are more than 200 different superannuation funds in Australia.

Once you’ve decided on your preferred superannuation fund, head to that provider’s website, where you should be able to fill in an online application or download the appropriate forms. You’ll need your tax file number (assuming you don’t want to be charged a higher tax rate), your contact details and your employer’s details (if you’re employed).

Most people can choose their own superannuation fund. However, you might not have this option if you are a member of certain defined benefit funds or covered by certain industrial agreements. If you don’t choose a superannuation fund, your employer will choose one for you.

• SMSFs have high set-up and running costs
• They come with complicated compliance obligations
• It takes a lot of time to research investment options
• It can be difficult to make such big financial decisions

There are three different ways you can withdraw your superannuation:

• Lump sum
• Account-based pension
• Part lump sum and part account-based pension

Two rules apply if you choose to receive an account-based pension (also known as an income stream):

• You must receive payments at least once per year
• You must withdraw a minimum amount per year
  • Age 55-64 = 4%
  • Age 65-74 = 5%
  • Age 75-79 = 6%
  • Age 80-84 = 7%
  • Age 85-89 = 9%
  • Age 90-94 = 11%
  • Age 95+ = 14%

If you want to work out how long your account-based pension might last, click here to access ASIC’s account-based pension calculator.

Superannuation is designed to provide Australians with money in their retirement. The government has strict rules around when people can take that money out of their fund because it wants to prevent people eroding their savings before they reach retirement.

As a general rule, you can only take money out of your superannuation fund when you reach:

• Age 65
• Your ‘preservation age’ and retire
• Your preservation age and begin a ‘transition to retirement’ while still working

That said, you can take money out of your superannuation fund early based on one of these seven special conditions:

• Compassionate grounds
• Severe financial hardship
• Temporary incapacity
• Permanent incapacity
• Superannuation inheritance
• Superannuation balance under $200
• Temporary resident departing Australia

Changing superannuation funds is a common and straightforward process. You can do it through your MyGov account or by filling out a rollover form and sending it to your new fund. You’ll also have to provide proof of identity.

The superannuation rate, or guarantee rate, is the percentage of your salary that your employer must pay into your superannuation fund. The superannuation guarantee has been set at 9.5 per cent since the 2014-15 financial year. It is scheduled to rise to 10.0 per cent in 2021-22, 10.5 per cent in 2022-23, 11.0 per cent in 2023-24, 11.5 per cent in 2024-25 and 12.0 per cent in 2025-26.

There are three different ways you can claim your superannuation:

• Lump sum
• Account-based pension
• Part lump sum and part account-based pension

Two rules apply if you choose to receive an account-based pension, or income stream:

• You must receive payments at least once per year
• You must withdraw a minimum amount per year
  • Age 55-64 = 4%
  • Age 65-74 = 5%
  • Age 75-79 = 6%
  • Age 80-84 = 7%
  • Age 85-89 = 9%
  • Age 90-94 = 11%
  • Age 95+ = 14%

If you want to work out how long your account-based pension might last, click here to access ASIC’s account-based pension calculator.

Yes, permanent and temporary residents are entitled to superannuation.

On the day you claim the age pension, you must be in Australia and you must have been an Australian resident for at least 10 years (with no break in your stay for at least five of those years). The following exceptions apply:

• You’re exempt from the 10-year rule if you’re a refugee or former refugee
• You’re exempt from the 10-year rule if you’re getting Partner Allowance, Widow Allowance or Widow B pension
• You can claim the age pension with only two years of residency if you’re a woman whose partner died while you were both Australian residents
• You might be able to claim the age pension if you’ve lived or worked in a country that has a social security agreement with Australia

The Australian Taxation Office will investigate if your employer falls behind on your superannuation payments or doesn’t pay at all. You can report your employer with this online tool.